The point of my reply is that the employer does not have the choice you are referencing. All the employer can do is tell the employee that (s)he will have to produce valid documents within a given timeframe or be terminated. Period.
That part, no matter how true it is -- is not what employers like to do. They know that firing someone can produce lawsuits afterwards -- while, just giving someone a choice to stick around and face consequences -- or -- leave on their own, is the better choice (for the employer). If the employee leaves, then anything that comes back to the employer, they'll say, "Well, the employee chose to leave on their own..." :-)
If an employee stays, then they just do what they have to do... no big deal...
In talking to an employee, that's where I would be starting with the employee... :-)
I believe we agree that illegal immigrants losing their jobs is a good thing, so please don’t interpret this as an attempt to argue.
However, employment law isn’t really that simple. Whenever an employer can point to a literal thing, especially a piece or 2 of paper, as a justification for termination, they are not slow to move. And, it is clear, when you read the immigration laws as they pertain to employers, the USCIS is probably more concerned about preventing discrimintation based on national origin than preventing an illegal immigrant from illegally obtaining employment.
So, what is the net result? Common sense measures that most freepers would agree are great preventatives couldn’t be implemented without having a DOL inspector on your property.
Oh, and if you try to keep the DOL off your property, then ICE shows up.
The gov’t is bleeding money. Fines bring money. Follow the money.
It’s slightly different than that. The employer must collect the I-9 from all employees. If the employee can’t produce the documents required, he can not be employed. Although it’s weaselly, it takes the burden off the employer as far as wrongful termination lawsuits. They can’t be sued for refusing to violate federal law.